[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.11]

[Page 229]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 385_SAFETY FITNESS PROCEDURES--Table of Contents
 
                            Subpart A_General
 
Sec.  385.11  Notification of safety fitness determination.

    (a) The FMCSA will provide a motor carrier written notice of any 
safety rating resulting from a compliance review as soon as practicable, 
but not later than 30 days after the review. The notice will take the 
form of a letter issued from the FMCSA's headquarters office and will 
include a list of FMCSR and HMR compliance deficiencies which the motor 
carrier must correct.
    (b) If the safety rating is ``satisfactory'' or improves a previous 
``unsatisfactory'' safety rating, it is final and becomes effective on 
the date of the notice.
    (c) In all other cases, a notice of a proposed safety rating will be 
issued. It becomes the final safety rating after the following time 
periods:
    (1) For motor carriers transporting hazardous materials in 
quantities requiring placarding or transporting passengers by CMV--45 
days after the date of the notice.
    (2) For all other motor carriers operating CMVs--60 days after the 
date of the notice.
    (d) A proposed safety rating of ``unsatisfactory'' is a notice to 
the motor carrier that the FMCSA has made a preliminary determination 
that the motor carrier is ``unfit'' to continue operating in interstate 
commerce, and that the prohibitions in Sec.  385.13 will be imposed 
after 45 or 60 days if necessary safety improvements are not made.
    (e) A motor carrier may request the FMCSA to perform an 
administrative review of a proposed or final safety rating. The process 
and the time limits are described in Sec.  385.15.
    (f) A motor carrier may request a change to a proposed or final 
safety rating based upon its corrective actions. The process and the 
time limits are described in Sec.  385.17.

[65 FR 50934, Aug. 22, 2000]